Brownfield Redevelopment in Alberta: Analysis and Recommended Reforms

In 2006, the Environmental Law Centre (ELC) published a report on Alberta brownfield redevelopment funded by the Alberta Real Estate Association.  The report was put together by Jodie Hierlmeier, Staff Counsel at the ELC, and I had an opportunity this week to catch up with her during a wicked early-morning thunder storm downtown Edmonton for a 2008 update. Here’s a quick list of the suggested reforms, taken from the 4-page summary: 

Some of the key law reform recommendations include: 

• clarifying the scope of persons responsible under EPEA and providing specific exemptions for parties such as municipalities, lenders, innocent purchasers and surface rights owners;  

• including definitions for “remediation,” “risk assessment” and “risk management” in EPEA and incorporating remediation (clean up) standards in a regulation; 

• amending EPEA to include a process where a person responsible may apply to Alberta Environment for regulatory approval (or sign-off) of remediation efforts; 

• amending EPEA to include a process for using site-specific risk management and formalizing the process for consulting with affected parties, such as regional health authorities and municipalities, when these measures are used;  

• developing regulations under EPEA to provide for the termination of regulatory liability by enabling the use of remediation certificates; 

• creating a general assurance fund to deal with orphan sites and unfunded liabilities; the fund would be resourced by a levy on wholesale hazardous substances, fines issued under EPEA, and fees for issuing remediation certificates; 

• providing for notice on title when a remediation certificate has been issued and when site-specific risk management is used, and creating a searchable registry so environmental site information is more readily available to the public; 

• creating a legislative requirement that the person applying to remediate a property must consult with the applicable municipality to determine the appropriate land use and requiring evidence of that consultation before providing regulatory approval (or sign-off) of remediation efforts;  

• amending the MGA to allow municipalities to provide financial incentives to qualifying brownfield properties; and  

• creating a provincial revolving loan fund to provide loans or low interest loans to private stakeholders and municipalities to undertake brownfield projects. 

Some of the key recommendations aimed at addressing non-legal barriers include: 

• reinstating ongoing funding for the underground petroleum tank remediation program; 

• creating the position of “brownfields coordinator” to be the one-window access point to the government for parties interested in brownfield redevelopment; 

• offering training programs for municipal and provincial officials involved in brownfield redevelopment; and 

• developing a government website or a pamphlet that outlines the challenges and benefits of brownfield redevelopment and highlights Alberta brownfield success stories. 

This report concludes that these recommendations, taken as a whole, will facilitate the reuse of the many brownfield sites that currently remain idle and unproductive in Alberta.   

So what has changed in Alberta since 2006?  Not much, according to Jodie – although she is quick to point out that she sees the municipalities (Calgary & Edmonton) taking brownfields more seriously.  One of the hold-ups is at the provincial level with Alberta Environment.  The majority of their resources are focused on 5 major issues – and brownfield redevelopment simply does not make the list – yet.

 

On the municipal level, Calgary has a great start with its brownfield redevelopment and reclamation strategy published in May 2007 which can be read here (the reclamation strategy component regards city-owned property only).  Edmonton is currently tackling its Brownfield strategies, and Jodie is expecting to see a copy in August.  It will likely draw strong influence from Calgary’s work.

A positive move forward from Alberta Environment became effective May 1st, 2008.  It is a mandatory “Record of Site Condition” form which must accompany every Phase 2 Environmental Site Assessment (ESA), remediation report, and risk management plan submitted to Alberta Environment.  Full details of this form can be found here.  This is a possible step towards a searchable registry of contaminated and remediated sites in Alberta; which Jodie does not expect to see in the very near future.

Jodie’s full, 142 page report (ISBN 978-0-921503-82-8 (82-2)) can be purchased from the ELC here.  I recommend getting in touch with Jodie should you have questions surrounding brownfield law reform – it is part the mandate of the ELC (a charitable organization) to provide information to the public.  Highly approachable, knowledgeable, and brings her own mug to the coffee shop.

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